Entering Canada

[IrKay]

Dear All,

I have a question about entering Canada with PR card and I would appreciate very much if someone could give me an advice.
My situation is the following: currently I am in Canada and I need to go to Europe where I am planning to be no longer then one week and I am going to come back to Canada using my PR card. I have not completed the residence-ship obligations in Canada yet, and the expiration date of my PR card is at the end of December 2011. I have around 644 days out of 730 on my residence account now. It looks that I am still Ok to meet the residence-ship obligations but at the same time I am a kind of on the boarder line.

The questions is whether I may have some problems at the entry point.
When I was entering Canada this July after 1,5 year of absence (I was completing a graduate program in Europe), I was checked and asked questions. That is why I am wondering now what kind of situation and questions I may have when entering Canada again after one week of absence, and if it may effect the renewal of my PR card.

Appreciate your reply.

 

[newtone]

one week is no big deal now if you were to enter Canada in November then it would be a bit of a concern, besides you already have lived her for over 600 days out of the 730. I dont see it as a problem

 

[IrKay]

Thank you for reply and comment.
Actually i have 614 days of residing in Canada. (Sorry, 644 was a typo).
As far as I understood from your reply, I should not have a problem (questions) at the entry point to Canada after one week of absence, because I have already resided around 600 days in Canada and still have time till the end of December.
Please correct me if I am wrong in my understanding.

Thank you in advance!

 

[the]

The 5 year is a moving 5 year period from the date of your landing, not 5 years prior to your PR card expiration date. If you leave for 1 week, will you have 730 days for your 5 year period, which ends at the date 5 years after your landing?

the

 

[IrKay]

No, I will not. I will have 730 days by the expiry date of my PR card, which is a bit later then the date of the end of the 5-year period from the date of my landing.

However, my understanding was that when you apply for the renewal of the PR card, they look at the 5 year window before/prior the date of your application submission. I have got this understanding based on the information I read in this forum (posts from the end of May, 2011 "Obligations not met", "Residence Obligations" , etc.) Please correct me again if I am wrong.
Thank you.

 

[Alabaman]

However, my understanding was that when you apply for the renewal of the PR card, they look at the 5 year window before/prior the date of your application submission.

This only applies if it is more than 5 years since you landed.

If it is less than 5 years from the day you landed, then you have to be able to have 730 days on the day you will be 5 years since you landed.

 

[IrKay]

Thank you for all the comments.

So, does it mean that I can travel now while my PR card is still active, and one week of absence should not be a problem (they should let me in without questions)? But in this case I should apply for the renewal of my PR card only AFTER the 5-year period from the day I landed (it will be right after the expiry date of my card, when I have exactly 730 days), right?

In other words:
if I want to apply for the renewal of my PR card before the end of the 5-year period, I should not leave Canada in order to accumulate 730 days by the date of the end of the 5-year period

or

if I do not have exactly 730 days by the date of the end of the 5-year period, I should wait and submit my application for renewal later, when I have exactly 730 days.

Please correct me if I am wrong again.

Appreciate your help very much!

 

[Alabaman]

Irkay,

If you can answer these questions, I will give you specific response on your situation.

1. What date did you land?
2. What date will your PR card expire?
3. What date do you plan to travel?
4. How many days of physical presence will you have in Canada on the day you travel?

 

[IrKay]

Thank you for your help.

1. What date did you land? - I landed on Dec 23rd of 2006
2. What date will your PR card expire? - Jan 18th, 2012
3. What date do you plan to travel? - around Sept 5-10th
4. How many days of physical presence will you have in Canada on the day you travel? - I will have around 560 days of physical presence.

 

[Alabaman]

Lets assume you leave Canada on Sept 5, 2011 and on that day you had 560 days in Canada. If you return to Canada on Sept 10, 2011, you will have 104 days until December 22, 2011 (which is the day you will be 5 years since you landed). Now, 560 + 104 = 664 days. The immigration officer will look at this and say it is not possible to meet 730 days by the time you clock 5 years since you landed (which is Dec 22, 2011).

Now, the above is according to the rules. In reality, it is very unlikely that IO will ask you all these questions on your way back. They will however ask you how long you were gone for and all you will say is "a week". In my opinion, it is safe for you to travel. I did the same thing multiple times in the past without any issues.

 

[IrKay]

Thank you!

 

[AllisonVSC]

I think Alabaman said it well. When you re-enter and they ask you how long you've been away, your answer of one week is not likely to raise any red flags. Just don't renew your card until you can safely say you have 730 days.